Most people expect a visit to the dentist to solve a problem rather than create a new one. Unfortunately, mistakes during dental treatment can sometimes result in significant pain, further treatment and lasting damage.
A dental procedure does not automatically amount to negligence simply because the outcome was disappointing. Dentistry involves risks, and some treatments can fail even when appropriate care has been provided. However, where a dentist or dental professional has failed to provide a reasonable standard of care and this has caused avoidable harm, there may be grounds for a dental negligence claim.
For patients across Yorkshire, understanding the difference between an unsuccessful treatment and negligent treatment is an important first step.
What is dentist negligence?
Dentist negligence, sometimes referred to as dental negligence, occurs when the treatment or care provided falls below the standard reasonably expected of a dental professional and causes injury or other loss.
The circumstances can vary considerably. A claim might involve the treatment itself, a failure to identify a dental condition, inadequate aftercare or a failure to explain significant risks before treatment.
The General Dental Council sets professional standards for dental professionals, including requirements concerning patient care, consent, communication, record keeping and patient safety. Its standards also recognise that patients should have appropriate arrangements in place to seek compensation where they have suffered harm.
However, proving negligence is more involved than showing that something went wrong.
What types of dental negligence can lead to a claim?
Dental negligence can take many forms. Examples may include:
- A serious failure to diagnose tooth decay, gum disease or another dental condition
- Incorrect diagnosis of a dental problem
- Failure to refer a patient for appropriate specialist treatment
- Performing the wrong dental procedure
- Poorly carried out dental surgery
- Nerve damage caused by negligent treatment
- Unnecessary extraction of a tooth
- Leaving part of a tooth or dental instrument behind following treatment
- Incorrectly fitted crowns, bridges, implants or other dental work
- Poor treatment resulting in infection
- Failure to identify or respond appropriately to complications
- Inadequate follow-up after significant treatment
- Failure to obtain valid consent for a procedure
- Failing to explain important treatment options or material risks
The General Dental Council states that dental professionals must put patients’ interests first and provide care that is appropriate for them. It also requires professionals to listen to patients, discuss treatment options and give patients the opportunity to ask questions.
Not every poor outcome will meet the legal test for negligence. Expert evidence will often be important when establishing whether the treatment fell below the appropriate professional standard and whether that failure caused the injury.
When does a dental mistake become negligence?
This is one of the most important questions for anyone considering a claim.
A dentist making a mistake does not automatically mean that compensation is payable. There generally needs to be evidence that the treatment or care was negligent and that the negligence caused an injury or financial loss.
For example, suppose a patient undergoes dental treatment and experiences continuing pain afterwards. The pain alone does not prove negligence. It may be a recognised complication of the procedure.
The position could be different if an investigation shows that the dentist failed to follow an appropriate standard of care and that this failure caused additional injury requiring further treatment.
The cause of the problem therefore matters just as much as the fact that something went wrong.
Dental negligence and failed treatment are not always the same thing
Dental treatment can fail for reasons that are not necessarily connected to negligence.
An implant may not integrate successfully. A crown may eventually require replacement. A tooth may continue to cause problems despite appropriate treatment.
These outcomes can be frustrating and expensive, but compensation is not automatically available simply because treatment has not produced the expected result.
A negligence claim requires evidence linking the harm to a failure in the standard of care.
This is why dental records, X-rays, photographs and independent clinical evidence can become particularly important when investigating a potential claim.
What injuries can dental negligence cause?
The consequences of negligent dental treatment can extend beyond a damaged or missing tooth.
Depending on the circumstances, a patient could experience:
- Severe or prolonged dental pain
- Nerve damage
- Infection
- Damage to surrounding teeth
- Gum or jaw damage
- Problems with eating or speaking
- Facial injury or disfigurement
- The need for additional surgery
- The need for extensive restorative treatment
- Psychological distress associated with the injury or its consequences
Some patients may also need treatment from another dentist or specialist to correct the original problem.
Where negligent treatment has created the need for additional dental work, the cost and consequences of that treatment may form an important part of the claim.
Can you claim if a dentist failed to diagnose a problem?
Potentially, yes.
A failure to diagnose can be particularly difficult for a patient because the original condition may continue developing while they believe they have received appropriate care.
For example, a dental problem may not be identified when it should have been, allowing the condition to become more serious. A patient may then require more extensive treatment than would originally have been necessary.
However, there needs to be evidence that the condition should reasonably have been identified or acted upon and that the delay caused additional harm.
The fact that a diagnosis was made later does not, by itself, establish negligence.
What about nerve damage following dental treatment?
Nerve damage can be a serious complication of some dental procedures, particularly where treatment takes place close to nerves.
Symptoms can include numbness, altered sensation, tingling, burning sensations or persistent pain. In some cases, these symptoms can affect areas such as the lip, chin or tongue.
A nerve injury following dental treatment does not automatically mean that the dentist was negligent. The circumstances surrounding the treatment need to be examined carefully.
Relevant evidence could include the patient’s records, imaging, details of the procedure and an independent assessment of whether the treatment was carried out appropriately.
Can you claim for unnecessary dental treatment?
There may be circumstances where unnecessary treatment results in a potential negligence claim.
For example, if a patient undergoes an extraction, root canal treatment or another invasive procedure that was not clinically justified because of an earlier failure in diagnosis or assessment, they may have suffered harm that could potentially have been avoided.
The issue is not simply whether the patient would have chosen a different treatment. The evidence needs to establish what treatment was appropriate in the circumstances and whether the dental professional’s decision fell below the required standard.
What if you were not told about the risks of treatment?
Patients should be given appropriate information about proposed treatment so they can make informed decisions.
The General Dental Council’s standards require dental professionals to discuss treatment options with patients and give them the opportunity to ask questions.
A concern about consent can therefore form part of a wider investigation into dental treatment.
However, consent cases can be legally complex. Signing a consent form does not necessarily answer every question about whether a patient was properly informed, just as a poor outcome does not automatically mean that valid consent was absent.
The circumstances surrounding the discussion, the treatment and the information provided will all need to be considered.
What evidence is needed for a dentist negligence claim?
Evidence can make a significant difference when investigating a potential claim.
Useful information may include:
- Dental records
- X-rays and scans
- Photographs showing the condition of the teeth or mouth
- Details of appointments and procedures
- Treatment plans
- Prescriptions
- Invoices and receipts for private treatment
- Records of corrective or emergency treatment
- Correspondence with the dental practice
- A written account of what happened
- Evidence of time taken away from work
- Evidence of additional expenses caused by the injury
It is sensible to keep copies of anything relating to the treatment and subsequent problems.
Dental records can be particularly important because they may show what was diagnosed, what treatment was recommended, what was carried out and what follow-up took place.
Should you complain to the dentist before making a claim?
A complaint and a compensation claim are separate matters.
If you are unhappy with treatment, you can raise the issue with the dental practice and ask for its complaints procedure. The General Dental Council requires dental professionals to have an effective complaints procedure and to deal with complaints appropriately.
For NHS dental treatment in England, complaints can generally be raised with the practice or, in certain circumstances, the relevant Integrated Care Board. If the complaint remains unresolved, the appropriate Ombudsman may be able to consider it.
For private dental treatment, the Dental Complaints Service can help with certain complaints. However, it does not deal with compensation claims.
Making a complaint can therefore be useful, but it should not be treated as a substitute for obtaining legal advice if you believe negligent treatment has caused an injury.
How much compensation could a dental negligence claim be worth?
There is no standard amount for a dentist negligence claim.
The value depends on the injury and its consequences. Factors may include the extent and duration of pain, whether the injury is permanent, the treatment needed to correct the problem and the financial losses caused by the negligence.
Compensation can potentially include damages relating to the injury itself as well as financial losses and expenses resulting from it.
Examples could include:
- The cost of necessary corrective dental treatment
- Private treatment costs
- Travel expenses
- Prescription costs
- Loss of earnings
- Future treatment expenses
- Other reasonable financial losses caused by the injury
The value of a claim cannot be assessed accurately from the type of dental treatment alone. The individual circumstances and medical evidence need to be considered.
How long do you have to make a dental negligence claim?
Time limits are important.
Under section 11 of the Limitation Act 1980, claims involving personal injury caused by negligence will generally have a three-year limitation period. This normally runs from the date the cause of action accrued or, where later, the date of knowledge of the injured person.
The rules can become more complicated in cases where the injury or its connection with the treatment was discovered later. There can also be different considerations where the claimant is a child or lacks mental capacity.
For this reason, it is better not to assume that there is plenty of time simply because the dental treatment took place some time ago.
If you believe negligent dental treatment has caused you harm, obtaining advice as soon as possible can help establish whether a claim remains within the relevant time limit.
What should you do if you think your dentist was negligent?
If you believe you have suffered because of negligent dental treatment, there are several practical steps that can help:
1. Get appropriate treatment
Your immediate health should come first. If you are still experiencing pain, infection, swelling, numbness or another problem, seek appropriate dental treatment.
Do not delay necessary treatment simply because you are considering a claim.
2. Keep your dental records and paperwork
Keep appointment details, treatment plans, correspondence, receipts and information about any subsequent treatment.
3. Write down what happened
Make a record of the treatment you received, when problems began and what happened afterwards. This can become useful when the events are later being investigated.
4. Keep evidence of financial losses
Keep receipts and other evidence for treatment, travel and any other expenses connected with the problem. If you have had to take time away from work, keep evidence of your loss of earnings.
5. Consider making a formal complaint
Ask the practice for its complaints procedure if you want the treatment concerns investigated. Dental practices should have a complaints procedure available to patients.
6. Obtain legal advice about a potential claim
A solicitor can assess the circumstances, obtain relevant records and advise on whether there may be grounds for a dental negligence claim.
Dentist negligence claims across Yorkshire
Dental negligence can happen in many different circumstances, whether treatment takes place through an NHS dental service or privately.
For someone who has suffered avoidable harm, the difficult part is often working out whether the problem was an unfortunate outcome or the result of treatment that fell below the required standard.
If you live in Yorkshire and believe a dentist or dental professional has caused you injury through negligent treatment, obtaining specialist legal advice can help you understand your options.
Marley Solicitors provides legal support for medical negligence claims across Yorkshire. Each potential claim needs to be considered on its own facts, with the available medical and dental evidence used to establish what happened and what impact it has had.
If you believe you may have a dental negligence claim, it is important to seek advice promptly, particularly because legal time limits can apply.